Drudge Retort: The Other Side of the News
Sunday, October 14, 2018

Washington is in another frenzy over the disclosure that President Trump's lawyers are preparing answers to written questions from special counsel Robert Mueller. Observers are speculating on the meaning of this move, as anticipation grows for the investigation's culmination. If the suspense is killing you, a bigger surprise may await. The most significant aspect of this story may be what it did not contain: questions about obstruction.

Mueller is asking about Russian collusion, rather than the driving force behind his appointment after the firing of former FBI Director James Comey. Indeed, ample reasons exist to question whether there is a serious obstruction charge in the making.

Mueller's obstruction investigation could well prove to be the suspense of the bomb that never goes off. Indeed, there is ample reason to question whether Mueller ever seriously believed obstruction had the capability of exploding into a criminal charge.

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FTA, for those of you who steadfastly refuse to read articles:

As I have previously argued, none of the allegations raised over obstruction fit well with the criminal code or prior opinions defining that crime. There are a variety of obstruction crimes but most have no applicability to this controversy. There is Section 18 U.S.C. 1503 which broadly defines the crime of "corruptly" endeavoring "to influence, obstruct or impede the due administration of justice." This "omnibus" provision, however, is most properly used for judicial proceedings such as grand jury investigations, and the Supreme Court has narrowly construed the provision.

There is also 18 U.S.C. 1512(c), which makes it a crime for any person who corruptly or "otherwise obstructs, influences or impedes any official proceeding, or attempts to do so." However, this provision has been narrowly construed as well on the underlying conduct and the need for some "official proceeding." Mueller should be fully aware of that problem since his principal deputy, Andrew Weissmann, was responsible for overextending that provision in a jury instruction that led the Supreme Court to reverse the conviction in the Arthur Andersen case in 2005.

These and other provisions simply do not make for a compelling case against Trump. While Trump has shown breathtakingly poor judgment in firing Comey and publicly attacking investigators, that is not obstruction. Moreover, Trump had independent grounds to fire Comey, including many of the reasons cited by Deputy Attorney General Rod Rosenstein in his scathing criticism of Comey in 2017. Put simply, this is not what an "O" bomb looks like.

This is the most concise analysis on why the obstruction charge will probably never come, leaving collusion (itself super thin) as the main hook on Trump and his Campaign.

#1 | Posted by Rightocenter at 2018-10-14 08:32 PM | Reply | Funny: 1

It's cute how AngryDad flags everything that confuses him as "Funny".

#2 | Posted by Rightocenter at 2018-10-14 11:11 PM | Reply | Funny: 1

LOL. He's angry.

#3 | Posted by SheepleSchism at 2018-10-14 11:13 PM | Reply

Also confused: Gronk have concussion. Gronk catch ball. Gronk run.

#4 | Posted by SheepleSchism at 2018-10-14 11:14 PM | Reply

Mongo no like thread.

--Angrydad

#5 | Posted by nullifidian at 2018-10-14 11:18 PM | Reply | Funny: 2

Awww look at the Turd Polishing Patrol slap each other on the back.

leaving collusion (itself super thin) as the main hook on Trump and his Campaign.

They've admitted to conspiracy. On multiple fronts.

In any case it's sad that you guys are so devoid of standards of conduct that something must be blatantly criminal for you guys to consider impeachment an option.

#6 | Posted by jpw at 2018-10-15 12:00 AM | Reply | Funny: 2 | Newsworthy 2

What's really sad is that you are now contemplating a world where Mueller's investigation doesn't result in what you have been promised by your Progressive Masters but are eager to push forward with impeachment regardless.

#7 | Posted by Rightocenter at 2018-10-15 12:38 AM | Reply | Funny: 1

but are eager to push forward with impeachment regardless.

#7 | POSTED BY RIGHTOCENTER

Yeah, having standard of conduct, ethics and integrity is a real bitch.

#8 | Posted by jpw at 2018-10-15 09:52 AM | Reply

In any case, what was it you said?

It's cute how AngryDad flags everything that confuses him as "Funny".

#2 | POSTED BY RIGHTOCENTER

See why you're not allowed to comment on self-awareness?

#9 | Posted by jpw at 2018-10-15 09:53 AM | Reply | Newsworthy 1

See why you're not allowed to comment on self-awareness? - #9 | Posted by jpw at 2018-10-15 09:53 AM

Yeah, Drudge needs a FALSE flag so that FUNNY stops getting such a workout.

#10 | Posted by Avigdore at 2018-10-15 11:27 AM | Reply

Yeah, having standard of conduct, ethics and integrity is a real bitch.

#8 | POSTED BY JPW AT 2018-10-15 09:52 AM

#11 | Posted by Rightocenter at 2018-10-15 12:04 PM | Reply

obviously, handling simple HTML in the morning is rough for me...

Yeah, having standard of conduct, ethics and integrity is a real bitch.

#8 | POSTED BY JPW AT 2018-10-15 09:52 AM

As you know first hand, having none.

#12 | Posted by Rightocenter at 2018-10-15 12:05 PM | Reply

You already played the "I know you are but what am I" card.

It was lame the first time.

#13 | Posted by jpw at 2018-10-15 12:42 PM | Reply | Newsworthy 1

But still valid, given your increasingly angry and disjointed posting history.

Snap out of it JPW, you are obviously a smart guy, leave the bitter ad hominums and strawmen to the DRtards and re-engage productively.

#14 | Posted by Rightocenter at 2018-10-15 01:01 PM | Reply

Snap out of it JPW, you are obviously a smart guy, leave the bitter ad hominums and strawmen to the DRtards and re-engage productively.

#14 | POSTED BY RIGHTOCENTER

I've been urging that as well.

#15 | Posted by JeffJ at 2018-10-15 01:30 PM | Reply | Funny: 1 | Newsworthy 1

Wow, the conspiracy to defraud the US and the breaching of The Magnitsky Act are so overt that Mueller won't even bother with the obstruction of justice charges. And ROC thinks this is good news for him and the rest of the proud boys. This is going to be fun to watch when the indictments start rolling.

#16 | Posted by IndianaJones at 2018-10-15 02:58 PM | Reply

#14 constant intellectual dishonesty is not something I will ever overlook.

If a discussion can't be had without intentional distortion, deflection and out right lies I'm not going to engage in that in good faith. It's a waste of my time.

#17 | Posted by jpw at 2018-10-15 02:59 PM | Reply

#17

That's an interesting position to take, considering your recent posting history is replete with distortion, deflection and ad hominum attacks.

#18 | Posted by Rightocenter at 2018-10-15 03:06 PM | Reply | Funny: 1

Distortion? Deflection?

Ad hominem yes.

When Comrade Sheepleski turns everything into a Dem bash and Nulli turns everything into a sniveling, whining Dem bash I'm going to address it appropriately.

#19 | Posted by jpw at 2018-10-15 03:08 PM | Reply | Newsworthy 1

The current DOJ policy is not to charge a sitting president from its office.

Mueller won't be charging the President.

This has been known for a while.

#20 | Posted by Sycophant at 2018-10-15 03:22 PM | Reply | Newsworthy 1

Well, it was an impressive effort. if that's worth anything.

#21 | Posted by SheepleSchism at 2018-10-15 07:16 PM | Reply

Posted by Rightocenter

The most prolific purveyor of horse manure on the Drudge.

LOL!

#22 | Posted by Angrydad at 2018-10-15 08:59 PM | Reply

The most prolific purveyor of horse manure on the Drudge.
LOL!

#22 | POSTED BY ANGRYDAD AT 2018-10-15 08:59 PM | FLAG:

He's just a troll that's all. Throw a few grains at him and then walk away.

#23 | Posted by LauraMohr at 2018-10-15 09:04 PM | Reply

The DOJ likely won't charge POSTUS but jr wont like prison.

#24 | Posted by bored at 2018-10-16 01:09 AM | Reply

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